Legal Opinion

Wehle v. Haviland

New York Court of Common Pleas

Decided January 15, 1872PublishedCited by 10 opinions

. This was an appeal from the judgment and an order denying a motion for a new trial. The complaint was in the nature of trespass de bonis asportatis, and the answer contained a general denial. The cause was tried before Ch. J., Daly and a jury, and a verdict was rendered in favor of the plaintiff for $66,30, and the facts will be found in the opinions of the court.

1Opinion of the Court

By the court, Joseph F. Daly,

J.—This action is in the nature of trespass, and was brought to recover damages for the taking of the stock of goods in plaintiff’s store by the sheriff under attachments issued out of the marine court in actions commenced by the defendants. Such attachments .having been subsequently vacated as irregular. The jury found for the plaintiff in the sum of $66.30, the value of the goods taken and interest. .Among other questions presented upon this appeal is the following :

On the trial the defendants offered to prove: “ that on the day those attachments were discharged…

2Cases cited17 opinions

  1. Commercial Bank v. HughesNew York Supreme Court · 1837
  2. Bush v. . ProsserNew York Court of Appeals · 1854
  3. Hanmer v. WilseyNew York Supreme Court · 1837
  4. Teerpenning v. . the Corn Exchange Ins. Co.New York Court of Appeals · 1871
  5. Vosburgh v. WelchNew York Supreme Court · 1814

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3Cited by10 opinions

  1. Gilbert v. . FinchNew York Court of Appeals · 1903
  2. Harmon v. McRaeSupreme Court of Alabama · 1890
  3. Meyer v. HartAppellate Division of the Supreme Court of the State of New York · 1897
  4. Brown v. ElliottNew York Court of Common Pleas · 1872
  5. In re Gannon's WillNew York Court of Common Pleas · 1893

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